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S.M. 1986-87, c. 24

An Act to amend The Public Trustee Act

(Assented to September 10, 1986)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Subsec. 2(2.1) added.

1

The Public Trustee Act, being chapter 47 of the Statutes of Manitoba 1971 (chapter P275 of the Continuing Consolidation of the Statutes of Manitoba), is amended by adding thereto, immediately after subsection 2(2) thereof, the following subsection:

Access to medical reports.

2(2.1)

The Public Trustee, as the next friend or guardian ad litem of an infant under subsection (2), is entitled to all medical reports and other confidential information relating to the infant.

Subsec. 3.1(1) am.

2

Subsection 3.1(1) of the Act is amended by striking out all the words in the last 2 lines thereof and substituting therefor the words "apply by notice of motion or originating notice of motion, as the case may require, to a judge of the Court of Queen's Bench for an order confirming the settlement, and the order when made is binding on the infant".

Subsec. 3.1(1.1) added.

3

The Act is further amended by adding thereto, immediately after subsection 3.1(1) thereof, the following subsection:

Appeals by Public Trustee.

3.1(1.1)

The Public Trustee has a right of appeal against any order made by a judge of the Court of Queen's Bench under subsection (1).

Sec. 4.1 added.

4

The Act is further amended by adding thereto, immediately after section 4 thereof, the following section:

Filing of notice by Public Trustee.

4.1(1)

Where the Public Trustee is

(a) the next friend or guardian ad litem of an infant; or

(b) the committee of a mentally disordered person;

and the infant or person, as the case may be, is the registered owner of land or an interest in land, the Public Trustee may file in the appropriate land titles office a notice prohibiting any subsequent filing or registration or dealing in the land titles office in respect of the land or interest unless the filing or registration or dealing, as the case may be, is expressed to be subject to the notice.

Form of notice.

4.1(2)

A notice filed under subsection (1) shall contain a description of the land or interest in land sought to be affected, shall be signed by the Public Trustee and shall otherwise be in a form approved by the district registrar of the land titles office in which it is filed.

Subsequent filings prohibited.

4.1(3)

Where a notice is filed in a land titles office under subsection (1), the district registrar of the land titles office shall not thereafter accept for filing or registration any instrument or other document in respect of the land or interest in land described in the notice unless the instrument or document is expressed to be subject to the notice.

Withdrawal of notice.

4.1(4)

The Public Trustee may at any time withdraw a notice filed in a land titles office under subsection (1) by filing a withdrawal of the notice in the same land titles office.

Form of withdrawal.

4.1(5)

A withdrawal of notice filed under subsection (4) shall contain a description of the land or interest in land sought to be affected, shall be signed by the Public Trustee and shall otherwise be in a form approved by the district registrar of the land titles office in which it is filed.

Sec. 13.1 am.

5

Section 13.1 of the Act is amended by numbering the present section as subsection (1) and by adding thereto, immediately after the section as renumbered, the following subsection:

Delegation of authority for medical consent.

13.1(2)

Without restricting the generality of subsection (1), the Public Trustee may in writing authorize any person, whether or not an officer in the office of the Public Trustee, to give any consent, specified either generally or specifically in the authorization, that may be required for the medical treatment of a ward of the Public Trustee.

Commencement of Act

6

This Act comes into force on the day it receives the royal assent.